Merchant Shipping Act, 2007 🇳🇬

Nigeria

Preface

Part I – Administration of the Act

1. Administration of Act and delegation of powers

2. Agency for Maritime Safety Administration

3. Returns as to merchant shipping, etc., to the Minister

4. Appointment of officers

Part II – Restriction on Trading in Nigeria

5. Certificate of licence required by all ships trading in Nigeria

Part III – Registration and Licensing of Ships

16. Registry of ships

17. Register or books

+5 more sections

Part IV – Mortgages

54. Mortgage of ship or share in ship

55. Obligation of mortgagor to disclose existing liabilities

56. Entry of discharge of mortgage

57. Priority of mortgages

58. Powers of mortgagee

+3 more sections

Part V – Certificates of Sale

65. General rules for certificates of sales

66. Procedure where ship sold under certificate of sale granted in Nigeria

Part VI – Maritime Liens

67. Sources of maritime liens

68. Priority of maritime liens

69. Order of priority of maritime liens

70. Rights of ship builder and ship repairer

71. Overriding nature of maritime lien

+6 more sections

Part VII – Transfers and Transmissions

78. Transfer by bill of sale

79. Registry of transfer

80. Transmission of property in ship on death, bankruptcy, etc.

81. Order for sale on transmission to unqualified person

82. Transfer or sale of ship by order of court

Part VIII – Certificate of Competency of Masters and Crew

83. Regulations regarding manning and qualifications of persons serving in Nigerianship

84. Power to exempt ship

85. Approval of foreign certificate

86. Tribunal of Inquiry

87. Tribunal may recommend cancellation, etc., of a certificate

+2 more sections

Part IX – Employment of Seamen

91. Seafarer Services Office, NMLA No. 46 of2003

92. Functions of superintendent

+9 more sections

Part X – Welfare of Seamen Provisions, Health and Accommodation

176. Definition

177. Regulations relating to crew accommodation

178. Complaints as to provisions of water

180. Allowance of short or bad provisions

181. Weights and measures on board

+11 more sections

Part XI – Registers

203. Official log-books as evidence

204. Entries required in official log-book

205. Offences in respect of official log-books

206. Delivery of official log-books to superintendent

207. Official log-books to be sent to Registrar of Ships on transfer or loss of ship

+2 more sections

Part XII – Safety of Life at Sea General Provisions

216. Application of some related maritime safety Conventions and Protocols

217. Regulations

218. Breach of safety regulations

+1 more sections

Part XIII – Construction of Ships

250. Construction rules

251. Ships built in Nigeria

Part XIV – Radio Rules

257. Radio rules

Part XV – Safety Provisions for Miscellaneous Vessels

259. Safety rules for miscellaneous vessels

260. Exemption of certain ships from certain provisions of this Part

261. Survey of small fishing boats and other craft

262. Fishing boats in certain circumstances deemed to be passenger or cargo ships

263. Water and provisions for passengers

+2 more sections

Part XVI – Safety of Navigation

Part XVII – Unseaworthy Ships

280. Penalty for sending unseaworthy ships to sea

281. Implied obligations as to seaworthiness

282. Power to detain unsafe Nigerian ships

283. Liability for costs of detention and damages

284. Security for costs may be required

+3 more sections

Part XVIII – Load Lines

289. Interpretation of this Part

290. Exceptions

291. Countries to which Load Line Convention applies

292. Load Line Regulations

293. Certificates issued under the Load Line Convention

+24 more sections

Part XIX – Carriage of Bulk Cargoes

318. Bulk Cargo Regulations

319. Precautions regarding grain cargoes

320. Offences

321. Safe containers

Part XX – Dangerous Goods

322. Regulations on dangerous goods

323. Carriage and marking of dangerous goods

324. Offences

325. Rejection and disposal of dangerous goods by ship

326. Forfeiture of dangerous goods

Part XXI – Tonnage Measurement

327. Survey

328. Minister to make Tonnage Regulations

329. Tonnage of foreign ship

330. Foreign and other measurements

331. Alterations between surveys

+2 more sections

Part XXII – Passenger Ships

334. Power of the Minister to make regulations respecting passenger ships

335. Offences in connection with passenger ships

Part XXIII – Prevention of Pollution from Ships

336. Application of maritime Conventions for the Prevention of Pollution from Ships, etc.

337. Further provision for prevention of pollution from ships

Part XXIV – Liability in Collision Cases

338. Interpretation of this Part

339. Application ofthis Part

340. Rules as to division of loss

341. Damage for personal injury

342. Right of contribution

+2 more sections

Part XXV – Limitation of Liability for Maritime Claims

352. Persons entitled to limit liability

353. Claims subject to limitation

354. Where rules in this Part not applicable

355. Conduct barring limitation

356. Counterclaim

+1 more sections

Part XXVI – Wrecks

361. Interpretation of this Part

362. Application

+3 more sections

Part XXVII – Assistance to and Salvage of Vessels

387. Interpretation of this Part

388. Duties of owner, etc., master and salvor

389. Contracts, services and equitable agreements

390. Conditions and amount of reward

391. Duty to render assistance and salvor's misconduct

+14 more sections

Part XXVIIl – Legal Proceedings

+4 more sections

Part XXIX – Investigations and Inquiries into Shipping Casualties

427. Power of Minister to appoint inspector, and powers of inspector

428. Marine Boards

429. Shipping casualties

430. Grounds for cancellation or suspension of certificate

431. Appeal to court

+3 more sections

Part XXX – Subsidiary Legislation

435. General power to make regulations

436. General powers of exemption

437. Applicable Conventions, etc.

438. Penalties in subsidiary legislation

439. Applied legislation

Part XXXI – Repeals and Transition Repeals, etc.

440. Repeal of Cap. 224 L.F.N. 1990

441. Consequential amendments

442. Contravention of International Conventions

FIRST SCHEDULE

SECOND SCHEDULE

Subsection (1)

Subsection (2)

Subsection (3)

Subsection (4)

Subsection (5)

+9 more sections

THIRD SCHEDULE

Part I – Masters and seamen

Part II – Construction, equipment and survey

Part III – Load Lines and loading

Part IV – Registration of shipping

FOURTH SCHEDULE

Merchant Shipping Act, 2007

Published on 28 May 2007
Commenced on 28 May 2007
[This is the version of this document from 28 May 2007.]

An Act to provide for merchant shipping; and for related matters.ENACTED by the National Assembly of the Federal Republic of Nigeria.

Part I – Administration of the Act

1. Administration of Act and delegation of powers

(1)Subject to the provisions of this Act, the Minister shall have the general superintendence of the matters to which this Act relates.

(2)The Minister may, by writing under his hand, delegate any of the powers or duties of a routine nature conferred on him under this Act.

(3)Any power or duty lawfully exercised by an officer, office or organisation to whom it has been delegated under subsection (2) of this section, shall be deemed to have been exercised as fully as if the power or duty was exercised by the Minister himself.

(4)Nothing in this section shall be construed as allowing the delegation of any power to make regulations or any order for t…

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Merchant Shipping Act, 2007 🇳🇬

Table of Contents

Merchant Shipping Act, 2007

Part I – Administration of the Act

1. Administration of Act and delegation of powers

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